HomeMy WebLinkAboutWATERFRONT LOT ON W SIDE OF TRACYTON BLVDFiled for Record at Request of:
P~0e: 1 of
When Recorded Return to: 11,204/1 $~81 $:
BRF~I£RTON CITY OF 8Gi~T $12.88 Kitsap Co, W8
Name: City Clerk
Address: 239 Fourth Stzeet
Bremerton, WA 98337
Docmnant Title: Outside Utilities Agreement (Individual)
Project Name: Single Family Residence
l)eveloper Name: Steve Clark
Location: Waterfront lot on west side of Tracyton Blvd., just south of 6581 Tracyton Blvd.
Tax Parcel # 282501-4-076-2005
A~bbrevlated Legal A portion of Government Lot 4, Section 28, Township 25 N, Range 1 E
Deser~ptiun:
OIJT$IDE IJTILITIE$ AGREEMENT
WItEREAS thc Bremerton Municipal Code requires prope~y outside the city boundaries to support
annexation to the City of Bremerton as a condition for receiving City utilities (BMC 15.02.040 and 15.03.040); and
WItEREAS the City of Bremerton has a primary obligation to its citizens to allocate limited service resources
for adequate growth and development within the City; and
WHEREAS the undersigned, as owner of a parcel outside the City of Bremerton, has made application for
city utilities;
NOW, THEREFORE, the undersigned owner (hereinafter "Owner") of real property located at Tracyton
Boulevard, Kitsap County, Washington, (hereinafter "Property"), legally described as:
SEE EXItlBIT "A"
and the City of Bremerton (hereinafter "City"), in consideration of the mutual covenants set forth herein including the
furnishing of utility services by the City of Bmmerton, do hereby promise and agree as follows:
1. Services Provided. City of Bremerton shall provide utility services consistent with service areas defmed by
the City comprehensive utility plans as amended, and terms and conditions of a current Letter of Availability from the
Bremerton Utilities Department.
2. Rates and Charees. Owner shall pay when due all connection charges, assessments, and rates established
for city utility services by City ordinance for the Owners user class.
3. Us~e. Development of the property described above shall comply with the uses and development standards
of City of Bremerton comprehensive land use plan adopted pursuant to RCW 35.13.177 and any adopted subdivision
and street standards of the City of Bremerton.
4. Utility Irunrovements.
Water service for a single family residence.
5. Annexation. Owner, by signing below, grants to the City of Bremerton a Limited Power of Attorney to
include this Agreement as Owner's consent to the annexation of the Property as part of any Notice of Intent or Petition
for Annexation presented to the City of Bimnerton.
The annexation petition supported by this Power may include proportional assumption of the City
indebtedness by the area itu be annexed. The petition shall require the concurrent adoption of land uses designated in
any urban fringe comprebensive plan approved for the annexation area pursuant to RCW 35.13.177, or if none has been
adcpted, the land uses for annexed property as set forth in the Bremerton Zoning Code as amended.
This Power of Attorney is nonrevocable.
6. Enforcemq~ot. Violation of this Agreement may result in the immediate termination of utility services itu the
above-described property as well as other remedies provided by law.
7. Covenants. The undersigned further agrees that this Agreement and the promise made harem constitute a
covenant nmning with the land and shall be binding upon the undersigned and his heirs, successors, and assigns, and
that this Agreement shall be filed for record in the office of the Kitsap County Auditor.
yyClO'a~ ~c.,~ ~
STATE OF WASHINGTON )
COUNTY OF KITSAP )
On this day, before ma, the undersigned, a Notary Public in and for the State of Washington, personally
appeared Steve Clark and Sally Clark, itu me known itu be the individual(s) described in and who executed the within
and foregoing instrument, and acknowledged that he/she/they signed the same as his/her/their free and voluntary act
and deed, for the uses and purposes therein mentioned.
GIVEN under my hand and official seal ~ 25th day of Soptember, 1998.
Notary Public in and for the State of Washington,
residing at: Port Orchard, Washington
My appointment expires: March 15, 2000
3130362
Page= ~ o£ 5
BI~DIERTON CITY OF RGilT $1~.~1 KD, sap Co~ I~R
CITY OF BRI~MI~RTON
DATED: I~'~.,~,~,.-;r;;/q'qoa BY: ~ '~. ~
t LYI~q-S. HORTON, Mayor
MUNICIPAL SERVICES REVIEW
TERRIE O'NEILL, Municipal Services Coordinator
D~P~RuG~ s~Vil'~A~ir of Public Works alld Utilities
RECEIVED FOR FILING:
Page: 3 of 5
11784/189818:388
[]/oua_ind.doc BR£MERTON CITY OF ASMT $12.88 Kitsap Co, WA
EXHIBIT "A"
PORTION OF SECTION 28, TOWNSHIP 25 N., RANGE 1 E.;
WILLAMETTE MERIDIAN
ASSESSOR'S NUMBER 282501-4-076-2005
LEGAL DESCRIPTION
SECTION 28 TONNSHIP 25 RANGE 1E
1 THAT PORTION OF GOVERNMENT LOT 4, SECTION 28, TONNSHIP 25
2 NORTH, RANGE 1 EAST, N,M., RECORDS OF KITSAP COUNTY,
3 NASHINGTON DESCRIBED AS FOLLONS: COMMENCING AT THE
4 SOUTHEAST CORNER OF SAID GOVERNMENT LOT 4, SECTION 28,
5 TONNSHIP 25 NORTH, RANGE 1 EAST, N.M,; THENCE N1*21'34"E
6 ALONG THE EAST LINE OF SAID GOVERNMENT LOT 4 A DISTANCE OF
7 267.63 FEET~ THENCE LEAVING SAID GOVERNMENT LOT LINE RUN
8 N88*42'47"N 525.00 FEET~ THENCE Nl*21'34"E 179.85 FEET,
9 ALONG A BOUNDARY AGREEMENT LINE AS DESCRIBED IN INSTRUMENT
10 RECORDED UNDER AUDITOR'S FILE NO. 1089328; THENCE
11 N88*42'47"N 318.06 FEET; THENCE LEAVING SAID BOUNDARY
12 AGREEMENT LINE RUN Nl*21'34"E 146.24 FEET; THENCE
13 N88*42'47"N 166.56 FEET; THENCE Nl*21'34"E 63.61 FEET TO
14 THE TRUE POINT OF BEGINNING; THENCE N88*42'47"N 409 FEET,
15 MORE OR LESS, TO THE BALANCED GOVERNMENT MEANDER LINE;
16 THENCE SOUTHERLY ALONG SAID MEANDER LINE TO IT'S
17 INTERSECTION NITH A BOUNDARY AGREEMENT LINE DESCRIBED IN
18 INSTRUMENT RECORDED UNDER AUDITOR'S FILE NO. 1089328; THENCE
19 S88'42'47"E, ALONG SAID BOUNDARY AGREEMENT LINE 395.21
20 FEET; THENCE Nl*44'12"N 40.06 FEET; THENCE LEAVING SAID
21 BOUNDARY AGREEMENT LINE RUN N1*21'34"E 146.24 FEET; THENCE
22 N88*42'47"N 166.56 FEET; THENCE Nl*21'34"E 63.61 FEET TO
23 THE TRUE POINT OF BEGINNING. TOGETHER NITH SECOND CLASS
24 TIDELANDS FRONTING AND ABUTTING THEREON. TOGETHER NITH A
25 NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS AS DESCRIBED
26 IN INSTRUMENT OF AUDITOR'S FILE NO. 711224. ALSO TOGETHER
27 NITH A NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS AND
28 UTILITIES OVER, UNDER AND ACROSS A 20.00 FOOT NIDE STRIP OF
29 GROUND BEING 10.00 FEET ON EACH SIDE OF THE FOLLONING
30 DESCRIBED CENTERLINE: BEGINNING AT A POINT ON THE NORTH
31 LINE OF THE FIRST ABOVE DESCRIBED TRACT 10,00 FEET NHICH
32 BEARS N88*42'47"N 10.00 FEET FROM THE TRUE POINT OF
33 BEGINNING OF SAID TRACT; THENCE S1'21'34"N, 73.63 FEET;
34 THENCE S88'42'47"E 172.19 FEET; THENCE S41'16'32"E 111.63
35 FEET; THENCE S88'42'47"E 76.8 FEET, MORE OR LESS, TO A
36 POINT NHICH BEARS N1*21134"E FROM THE DENTERLINE OF THE
37 NORTHERLY END OF AN EASEMENT DESCRIBED IN INSTRUMENT OF
38 AUDITOR'S FILE NO. 711224; THENCE S1'24'34"N 54.0 FEET,
39 MORE OR LESS, TO THE CENTERLINE OF THE NORTHERLY END OF
40 SAID EASEMENT DESCRIBED IN INSTRUMENT OF AUDITOR'S FILE NO.
41 711224, AND THE END OF SAID EASEMENT.
Paoe' 4 o£ 5
BREMERTON CITY OF RGMT SZ~.Se Kitsap Co, UA
EXHIBIT "A"
A PORTION OF SECTION 28, TOWNSHIP 25 N., RANGE 1 E.;
WILLAMETTE MERIDIAN
TAX ASSI~SSOi~'S NLTM~ER 282501-4-076-2005
GOVERNMENT LOT 3
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075
BR£II£RTON CITY OF AGMT $12.0(~ Kitsap Co.,